Loading...
7.b)3) Ordinance No 158 Admin ExceptionsCITY OF SCANDIA ORDINANCE NO.: 158 AN ORDINANCE AMENDING ORDINANCE NO. 122, THE SCANDIA DEVELOPMENT CODE, CHAPTER 1, REGARDING ADMINISTRATION The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. Ordinance 122, the City of Scandia Development Code ("Development Code," or "Code"), Chapter One, shall be amended to add the following Section and to read as follows: SECTION 15.0 ADMINISTRATIVE EXCEPTIONS 15.1 Purpose. Administrative exceptions may be granted to certain zoning standards, provided they are consistent with the criteria of this chapter. 15.2 General Criteria. Administrative exceptions may be granted provided the exception is consistent with the following general criteria: (1)The exception shall be a minor action only, necessary to adjust or rectify an unusual situation or hardship specific to the property. (2) The exception shall not create an unreasonable burden on adjacent properties/owners. (3) The exception shall not conflict with other ordinances, policies, regulations and requirements. (4) The exception shall not be contrary to the public interest or Comprehensive Plan. 15.3 Allowed Exceptions. The following exceptions may be approved by the Zoning Administrator, with notice to the City Council: (1) A single family lot located within the City that deviates from a minimum lot requirement by five percent (5%) or less may be considered to be in compliance for the purposes of the lot size criteria identified in Chapter Two, Sections 3.2 Accessory Structures, and Chapter Two Section 4.0 Standards for Uses in this Development Code. (2) Exceptions shall not be granted for minimum lot sizes required for the dimensional standards and other District standards identified in Chapter Two, Section 2.0 Districts, Section 3.0 General Standards, Section 6.0 Open Space Conservation Subdivision, or for Chapter Three, Subdivision Regulations in this Development Code. 15.4. Administrative Exceptions Procedures. An owner of land shall file an application for an administrative exception at the City. The Zoning Administrator shall review the application for administrative exception and approve the request if it is in conformance with the criteria listed in Section 15.2 and 15.3. The Zoning Administrator shall provide the approval to the applicant in writing. If the application does not meet the requirements in Sections 15.2 and 15.3, the Zoning Administrator shall deny the request in writing, stating the reasons for the denial. The Zoning Administrator shall inform the City Council of each approved or denied Administrative Exception. An applicant may appeal the decision of the Zoning Administrator to the City Council within thirty (30) days following the date of the decision. If no appeal is made, the decision of the Zoning Administrator becomes final thirty-five (35) days after the decision. Section 2. Effective Date. This ordinance shall be in full force and effect upon its adoption and publication according to law. Passed and adopted by the City Council of the City of Scandia this 18th day of November, 2014. Randall Simonson, Mayor ATTEST: Kristina Handt, Administrator/Clerk